User Terms of Service
Please read these User Terms carefully. Even though you may be signing onto an existing account, these User Terms may apply to you.
We are grateful you are here.
These User Terms of Service (the “User Terms”) govern the access and use of the services (the “Services”) provided through the online platforms “Events by HelloCrowd” (“EVENTS”), “Hire by HelloCrowd” (“HIRE”), “Learn by HelloCrowd” (“LEARN”), and the related software applications (collectively, the “Platforms”) to individual users or organizations (“you” and “your”). The Platforms are operated by HelloCrowd, Inc. having a registered place of business at 967 Hymettus Ave., Encinitas, CA92024, the United States of America, and a business registration number 36-4833456 (“we”, “us”, and “our”).
TABLE OF CONTENTS
First Things First
A Few Ground Rules
Limitation of Liability
Application of Consumer Law
First Things First
These User Terms are Legally Binding
The User Terms is a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access and use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy.
About the Services
The Platforms are intended for use by businesses and organizations and not for consumer purposes. Below, we briefly explain the main functionalities of the Platforms and the Services provided through them.
EVENTS is designed to make it easy for event professionals to publish fully featured mobile applications for their events. Once published, event attendees can access important event-related information, communicate with other attendees, and participate in Q&A and live polling sessions.
HIRE is a talent acquisition platform that allows hiring managers to use science and AI to make better hiring decisions in a fraction of the time. Unique behavioral tools help to match candidates with the best talent in an organization. HIRE provides a superior candidate experience with unique tools that surface relevant jobs for candidates.
LEARN is a learning and development marketplace that allows employees to find and book training from verified training vendors. Our powerful verification and reporting tools make it simple for organizations to understand and track their enterprise development and learning budgets to ensure their compliance with relevant regulations.
Applicability of the User Terms
These User Terms apply to any individual users (non-consumers) and organizations accessing and using the Services managed through the Platforms organizations that have concluded a service contract (the “Contract”) with us (the “Customer-Specific Services”).
The management of the Customer-Specific Services is governed by a separate agreement, namely, the Customer Terms of Service (the “Customer Terms”). If you conclude the Contract with us, you become our customer (the “Customer”) and the Customer Terms become applicable to you. For example, if you are invited to an event through EVENT (i.e., a unique space where a group of users may access the Services, as further described in our Help Center pages), your use of EVENT is subject to these User Terms. The organization that created the event through EVENT is the Customer. If you are joining one of your employer’s events, the Customer is your employer. If you are joining an event created by your friend using her personal email address, she is our Customer and she is authorizing you to join her event.
What the Customer Means to You
The Customer has separately agreed to our Customer Terms or entered into the Contract in other way. That permitted the Customer to use the Customer-Specific Services (e.g., create and configure an event or custom branded app on EVENT so that you and others could join). The Contract contains our commitment to deliver the Customer-Specific Services to the Customer.
When you submit content or information to the Services, such as messages, comments or questions including images, videos and links (the “User Data”), you acknowledge and agree that the User Data will be owned by the Customer and the Contract provides the Customer with many choices and control over that User Data. For example, the Customer may provision or deprovision access to the Customer-Specific Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign functionalities or share channels and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all User Data. Please check out our Help Center pages for more detail on our different plans and the options available to the Customer.
Other Relevant Terms
Other terms that include important provisions regarding your use of the Services are:
The Customer Terms available at;
Acceptable Use Policy available at; and
Other terms and conditions available at and through the Platforms.
The Relationship Between You, the Customer and Us
AS BETWEEN US AND THE CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO:
INFORM YOU OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF THE USER DATA;
OBTAIN ANY NECESSARY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU THAT ARE NECESSARY FOR THE LAWFUL USE OF THE USER DATA;
ENSURE THAT THE TRANSFER AND PROCESSING OF THE USER DATA UNDER THE CONTRACT IS LAWFUL; AND
RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU RELATING TO OR BASED ON THE USER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
A Few Ground Rules
You Must be Over the Legal Age
To the extent permitted by the applicable law, the Services are not intended for and should not be used by anyone under the age of 16. By using the Services, you represent that you are over the legal age and are the intended recipient of the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
While You Are Here, You Must Follow the Rules
To help us to ensure a safe and productive environment, you must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to the Customer and us directly without undue delay.
You Are Here at the Pleasure of Customer (and Us)
Term and termination. These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by the Customer or us. Please contact the Customer if you at any time or for any reason wish to terminate your user account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.
Limitation of Liability
If we believe that there is a violation of the Contract, the User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain User Data or taking other action, we will, in most cases, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action if the Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, the users of the Platforms, or any third parties.
UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, AND EXCEPT FOR OUR LIABILITIES RELATED TO OUR DATA PROTECTION OBLIGATIONS, YOU OR WE WILL HAVE NO LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS, EXCEPT FOR OUR LIABILITIES RELATED TO OUR DATA PROTECTION OBLIGATIONS OR UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD100) IN THE AGGREGATE. UNLESS YOU ARE ALSO THE CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. THE FOREGOING DISCLAIMERS WILL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT THE RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
Application of Consumer Law
The Platforms are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply to your use of the Services. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of pre-paid fees for your subscription covering the remainder of the term.
The sections titled “The Relationship Between You, Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.
Except as otherwise set forth herein, all notices under the User Terms will be sent by email, although we may instead choose to provide a notice to you through the Services (e.g., a pop-up modal or push notification). Notices to us should be sent to email@example.com, except for legal notices, which must be sent to firstname.lastname@example.org.
A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.
Notices under the Contract will be delivered solely to the Customer in accordance with the terms of the Contract.
We sometimes send promotional communications about new features of the Services, the Platforms, or other news about us. These are marketing messages so you can control whether you would like to receive them. Please note that we will not send you commercial communication, such as newsletters, brochures, promotions and advertisements, or contact you by any other means with the purpose to offer you our Services, unless:
We receive your express (“opt-in”) consent to receive such marketing messages. You can opt-out from receiving such marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to you; or
We decide to send you marketing messages about our new Services that are closely related to the Services already used by you.
We may send you service, technical and other administrative emails, messages, information about your privacy, and other types of informational notices. We may also contact you to inform you about changes in the Platforms, our Services, our service offerings, and send you important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them.
Any revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revisions. In certain cases, where required by the applicable law, we may seek your consent to the amendments of the User Terms.
No failure or delay by you or us in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an your and our authorized representatives.
The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under the applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to the applicable law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Governing Law; Venue; Waiver of Jury Trial; Fees
The User Terms, including the Acceptable Use Policy, are governed exclusively by the laws of the State of California, the United States of America, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the State of California, the United States of America will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement.
You hereby consent and submit to the exclusive jurisdiction of such courts. You also hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to the Services. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
If you are not satisfied with the quality of the Services provided by us, you are kindly requested to contact us as soon as possible and express your concerns. We will respond to your request without undue delay but no later than 2 weeks. Should any disputes between you and us arise out of or in relation to the User Terms and Acceptable Use Policy, you agree to first attempt to resolve those disputes by means of negotiation, and, if necessary and convenient (e.g., if you are located outside the United States), by using online dispute resolution services.
Please feel free to contact us if you have any questions about the User Terms, the Services, or the Platforms.